If an evicted tenant abandons a pet in your Ontario rental unit, you cannot leave the animal outside or harm it. You must immediately contact local Animal Control or the Humane Society. Abandoning or harming an animal is a severe provincial offence under the PAWS Act.
Executing a legal eviction in Ontario is a stressful and emotionally draining process for property owners. 🏘️ After waiting months for an order from the Landlord and Tenant Board (LTB) and scheduling the Court Enforcement Office (the Sheriff) in Toronto, Mississauga, or Ottawa, discovering that the evicted tenant has left behind a living, breathing pet is a landlord’s nightmare. Whether it is a dog, a cat, or an exotic reptile, the situation demands immediate, lawful action.
As a landlord, your primary instinct might be to focus on cleaning the unit and changing the locks. However, animals left behind are not treated like abandoned furniture. Under Ontario’s Provincial Animal Welfare Services (PAWS) Act, anyone in physical possession of an animal owes a legal duty of care. Putting the animal out on the street or locking it inside the unit without food or water can result in severe criminal or provincial charges against you.
Navigating the legal liabilities of abandoned property and animals requires expert guidance. ⚠️ We highly encourage landlords to search our directory for an experienced Ontario real estate or landlord-tenant lawyer. A legal professional can guide you on how to properly document the animal’s condition and legally pursue the former tenant for the resulting damages and cleaning costs.
Step-by-Step Process for Handling an Abandoned Pet in Ontario
Whether your rental property is in Brampton, London, or Sudbury, dealing with an abandoned animal requires immediate coordination with local authorities. Here is the correct protocol.
Step 1: Secure the Unit and the Animal
When you or the Sheriff enter the unit and discover a pet, do not let the animal escape outside. 🐶 Ensure the doors and windows are closed. If the animal appears aggressive or terrified, do not approach it. Simply secure the room. If the animal seems calm, ensure it has access to a bowl of water while you make emergency phone calls.
Step 2: Contact Animal Services Immediately
Your very first call must be to your municipal Animal Control office or the local Humane Society/SPCA. Explain that a formal eviction has just taken place and the tenant abandoned their pet. Animal control officers have the legal authority and training to safely remove the animal and transport it to a shelter. Do not transport the animal in your own vehicle unless instructed to do so by authorities.
Step 3: Attempt to Contact the Tenant (Briefly)
While waiting for Animal Control, send a written notice (email or text) to the evicted tenant. 📱 Inform them that their pet was left behind and that you have contacted Animal Services. Often, tenants leave pets behind in the chaos of an eviction, intending to come right back for them. Give them the contact information of the shelter where the animal is being taken.
Step 4: Document the Animal and the Unit’s Condition
Take extensive photographs and videos of the animal’s living conditions, as well as any damage the pet caused to your property. Look for scratched doors, soiled carpets, or chewed baseboards. This evidence is crucial if Animal Welfare investigators need to lay cruelty charges against the tenant, or if you plan to sue the tenant for property damage.
Step 5: File an L10 Application for Damages
Once the animal is safely removed, you will need to assess the financial damage. 💵 In Ontario, you can file an L10 Application at the LTB to sue a former tenant for damages to the rental unit. Your lawyer or paralegal can use your photos and contractor invoices to demand compensation for replacing urine-soaked carpets or repairing scratched walls.
How Much Does it Cost in Ontario?
Dealing with an abandoned pet and the resulting damage can be surprisingly expensive. As of May 2026, landlords should anticipate the following estimated costs in CAD:
- Animal Control Fees: Calling municipal animal services for an abandoned pet is generally free for the landlord, though the tenant may face fines to reclaim the animal.
- Property Cleaning/Repairs: Professional pet odour removal, carpet replacement, and repairing chewed drywall typically costs between $500 and $2,500+ CAD.
- LTB Filing Fee: Filing an L10 application against a former tenant costs $186 CAD.
- Paralegal Representation: Hiring a professional to track down the former tenant and argue your case at the LTB generally costs $500 to $1,500 CAD.
| Landlord Action | Legal Status | Potential Consequence |
| Calling Animal Control | Fully Legal & Required | Animal is safely removed |
| Putting the pet on the street | Illegal (PAWS Act Offence) | Massive fines / cruelty charges |
| Keeping the pet as your own | Legally Risky | Tenant may sue for theft of property |
How Long Does the Process Take?
The timeline involves both immediate emergency action and long-term legal recovery.
- Animal Removal: Animal Control usually responds to abandoned pets inside a unit within 2 to 6 hours.
- Holding Period: Shelters in Ontario typically hold an animal for 3 to 5 days to allow the owner to claim it before putting it up for adoption.
- LTB Damage Claims: Pursuing the tenant for property damage via an L10 application can take 6 to 12 months to get a hearing.
Frequently Asked Questions (FAQ)
Can I just keep the abandoned pet?
It is not advisable. Pets are considered personal property under Ontario law. If you keep the animal and the tenant returns demanding their dog or cat, you could be accused of theft. Always surrender the animal to the Humane Society; you can always formally adopt it from them later if the tenant does not claim it.
Does the Sheriff deal with the pet during the eviction?
No. The Court Enforcement Office (Sheriff) is there to remove the human occupants and keep the peace. They will not transport or handle animals. They will usually instruct you, the landlord, to call Animal Control immediately while they secure the property.
Can I throw out the pet’s bed and toys?
Under the RTA, once a Sheriff has executed the eviction, the landlord generally has the right to dispose of any property left behind in the unit immediately. However, it is a kind practice to bag up the pet supplies and hand them over to Animal Control to comfort the animal.
What if the tenant left the pet but claims they are coming back?
You are not running a boarding kennel. Once the eviction is executed, the tenant has lost legal possession of the unit. You must still call Animal Control, as the animal cannot be left alone in a vacant unit without care. The tenant can deal directly with the shelter to retrieve their pet.
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